On March 3, 2017, the U.S. International Trade Commission (“ITC”) issued two affirmative determinations in favor of clients represented by Kelley Drye & Warren. The ITC unanimously determined that U.S. producers of stainless...more
The Chinese government wasted no time initiating a dispute at the World Trade Organization against the U.S. and the European Union the day after a provision in its WTO accession protocol expired. The provision permits other...more
AD/CV duty evasion has increased significantly in recent years, with Customs and Border Protection (“CBP”) having failed to collect $2.3 billion in such duties since 2000.[1] Examples of evasion include misrepresentation of...more
The U.S. Department of Commerce (the “Department”) is required by statute to, upon request, conduct a review and establish an individual dumping or countervailing duty margin for an exporter or producer of subject merchandise...more
Earlier this month, U.S. Customs and Border Protection (“CBP”) announced the establishment of a Trade Enforcement Task Force within its Office of Trade. According to the CBP, the Task Force is designed to “further protect...more
On April 5, 2016, a three-judge panel of the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion in Deacero S.A. de C.V. v. United States, Appeal Nos. 2015-1362, 2015-1363, 2015-1367, affirming the final...more
Customs and Border Protection (CBP) recently initiated a new effort to enforce and deter duty evasion on imports of steel products subject to antidumping (AD) and countervailing duty (CVD) orders. The new “live entry”...more
In our September 2015 edition of the Trade Advisor, we discussed the effect that recent amendments to the antidumping laws would have on the U.S. Department of Commerce’s (“the Department”) ability to apply facts available...more
Last week the U.S. Congress passed the Trade Facilitation and Trade Enforcement Act of 2015, also known as the Customs Reauthorization Bill. The Bill, which we expect to be signed by the President, will update U.S. Customs...more
Importing goods into the United States can provide risks. As the importer of record, the importer is solely responsible for the payment of all duties and taxes due on the imported merchandise, which includes the payment of...more
Recent changes to the antidumping laws will make it more difficult for uncooperative parties to argue for a reduced dumping rate on appeal. Section 502 of the Trade Preferences Extension Act of 2015 (“the Act”) amends the...more
On June 15th, the Department of Commerce (“Commerce”) issued the final results in the 19th Administrative Review of the antidumping order on fresh garlic from the China. During the review, Kelly Drye attorneys, on behalf of...more
On June 3rd, U.S. steel producers ArcelorMittal USA LLC, AK Steel Corporation, Nucor Corporation, U.S. Steel Corporation, California Steel Industries (“CSI”) and Steel Dynamics, Inc. (“SDI”) filed antidumping and...more
On March 30, 2015, the Department of Commerce (“Commerce”) initiated antidumping duty (“AD”) and countervailing duty (“CVD”) investigations of imports of certain polyethylene terephthalate (“PET”) resin from China, Canada,...more